CHAPTER 27 NONMETALLIC MINING RECLAMATION

CHAPTER 27

NONMETALLIC MINING RECLAMATION

27.01 Title

27.02 Purpose

27.03 Statutory Authority

27.04 Restrictions Adopted Under Other Authority

27.05 Interpretation

27.06 Severability

27.07 Applicability

27.08 Administration

27.09 Effective Date

27.10 Definitions

27.11 Standards

27.12 Nonmetallic Mining Reclamation Permit Application Required

27.13 Reclamation Plan

27.14 Financial Assurance

27.15 Public Notice and Right of Hearing

27.16 Issuance of a Nonmetallic Mining Reclamation Permit

27.17 Permit Denial

27.18 Alternative Requirements

27.19 Permit Duration

27.20 Permit Transfer

27.21 Previously Permitted Sites

27.22 Review

27.23 Permit Modification

27.24 Permit Suspension or Revocation

27.25 Annual Operator Reporting

27.26 Plan Review Fees

27.27 Annual Fees

27.28 Regulatory Reporting and Documentation

27.29 Completed Reclamation - Reporting, Certification and Effect

27.30 Permit Termination

27.31 Right of Entry and Inspection

27.32 Orders and Citations

27.33 Penalties

27.34 Fee Schedules

LA CROSSE COUNTY 07/07

NONMETALLIC MINING RECLAMATION 27.01

27.01 Title. Nonmetallic mining reclamation ordinance for La Crosse County.

27.02 Purpose. The purpose of this chapter is to establish a local program to ensure the effective

reclamation of nonmetallic mining sites on which nonmetallic mining takes place in La Crosse County after the

effective date of this chapter, in compliance with Chapter NR 135, Wisconsin Administrative Code and Subchapter

I of Chapter 295, Wis. Stats.

27.03 Statutory Authority. This chapter is adopted under authority of NR 135.32, Wisconsin

Administrative Code, and ss. 295.13(1) and 59.51, Wis. Stats.

27.04 Restrictions Adopted Under Other Authority. The purpose of this chapter is to adopt and

implement the uniform statewide standards for nonmetallic mining required by s. 295.12(1)(a), Wis. Stats., and

contained in Chapter NR 135, Wisconsin Administrative Code. It is not intended that this chapter repeal, abrogate,

annul, impair or interfere with any existing rules, regulation, ordinances or permits not concerning nonmetallic

mining reclamation previously adopted pursuant to other Wisconsin law.

27.05 Interpretation. In their interpretation and application, the provisions of this chapter shall be held to

be the applicable requirements for nonmetallic mining reclamation and shall not be deemed a limitation or repeal of

any other power granted by the Wisconsin Statutes outside the reclamation requirements for nonmetallic mining

sites required by Subchapter I of Chapter 295, Wis. Stats., and Chapter NR 135, Wisconsin Administrative Code.

Where any terms or requirements of this chapter may be inconsistent or conflicting, the more restrictive

requirements or interpretation shall apply. Where a provision of this chapter is required by Wisconsin Statutes, or

by a standard in Chapter NR 135, Wisconsin Administrative Code, and where the provision is unclear, the

provision shall be interpreted to be consistent with the Wisconsin Statutes and the provisions of Chapter NR 135,

Wisconsin Administrative Code.

27.06 Severability. Should any portion of this chapter be declared unconstitutional or invalidly a court of

competent jurisdiction, the remainder of this chapter shall not be affected.

27.07 Applicability.

(1) Overall Applicability. The requirements of this chapter apply to all operators of

nonmetallic mining sites within La Crosse County except as exempted in s. 27.07(2) and for nonmetallic mining

sites located in a city, village or town within La Crosse County that has adopted an ordinance pursuant to s. 295.14,

Wis. Stats., and s. NR 135.32(2), Wisconsin Administrative Code. This chapter does not apply to nonmetallic

mining sites where nonmetallic mining permanently ceased before August 1, 2001. This chapter applies to

nonmetallic mining conducted by or on behalf of a county, municipality or for the benefit or use of the state or any

state agency, board, commission or department, except for the waiver of financial assurance in s. 27.14(3).

(2) Exemptions. This chapter does not apply to the following activities:

(a) Nonmetallic mining at a site or that portion of a site that is subject to permit and

reclamation requirements of the Wisconsin Department of Natural Resources pursuant to ss. 30.19, 30.195 or 30.20,

Wis. Stats., and complies with Chapter NR 340, Wisconsin Administrative Code.

(b) Excavations subject to the permit and reclamation requirements of ss. 30.30 or

30.31, Wis. Stats.


NONMETALLIC MINING RECLAMATION 27.07(2)(c)

(c) Excavations or grading by a person solely for domestic or farm use at that person's

residence or farm.

(d) Excavations or grading conducted for the construction, reconstruction,

maintenance or repair of a highway, railroad, airport facility, or any other transportation facility where the

excavation or grading is entirely within the property boundaries of the transportation facility.

(e) Grading conducted for preparing a construction site or restoring land following a

flood or natural disaster.

(f) Excavations for building construction purposes conducted on the building site.

(g) Nonmetallic mining at nonmetallic mining sites where less than one acre of total

affected acreage occurs over the life of the mine.

(h) Any mining operation, the reclamation of which is required in a permit obtained

under Chapter 293, Wis. Stats.

(i) Any activities required to prepare, operate or close a solid waste disposal facility

under Chapter 289, Wis. Stats., or a hazardous waste disposal facility under Chapter 291, Wis. Stats., that are

conducted on the property where the facility is located, but an applicable nonmetallic mining reclamation ordinance

and the standards established in this chapter apply to activities related to solid waste or hazardous waste disposal

that are conducted at a nonmetallic mining site that is not on the property where the solid waste or hazardous waste

disposal facility is located, such as activities to obtain nonmetallic minerals to be used for lining, capping, covering

or constructing berms, dikes or roads.

(j) 1. Nonmetallic mining conducted to obtain stone, soil, sand or gravel for

construction, reconstruction, maintenance or repair of a highway, railroad, airport, or any other transportation

facility or part thereof, if the nonmetallic mining is subject to the requirements of the Wisconsin Department of

Transportation concerning the restoration of the nonmetallic mining site.

2. This exemption only applies to a nonmetallic mining operation with limited

purpose and duration where the Wisconsin Department of Transportation actively imposes reclamation

requirements and the operator reclaims the nonmetallic mining site in accordance with these requirements. The

duration of the exemption shall be specific to the length of the Wisconsin Department of Transportation contract for

construction of a specific transportation project.

3. If a nonmetallic mining site covered under pars. 1. and 2. is used to

concurrently supply materials for projects unrelated to the Wisconsin Department of Transportation project, the

exemption in this paragraph still applies, provided that the site is fully reclaimed under Wisconsin Department of

Transportation contract and supervision.

(k) Dredging for navigational purposes, to construct or maintain farm drainage ditches

and for the remediation of environmental contamination and the disposal of spoils from these activities.

(l) Removal of material from the bed of Lake Michigan or Lake Superior by a public

utility pursuant to a permit under s. 30.21, Wis. Stats.



27.08 Administration. The provisions of this chapter shall be administered by the Department of Land

Conservation and the Zoning and Land Information Department.

27.09 Effective Date. The provisions of this chapter shall take effect on the day after passage and

publication.

27.10 Definitions. In this chapter:

(1) "Alternative requirement" means an alternative to the reclamation standards of this chapter

provided through a written authorization granted by La Crosse County pursuant to s. 27.18.

(2) "Applicable reclamation ordinance" means a nonmetallic mining reclamation ordinance,

including this chapter, that applies to a particular nonmetallic mining site and complies with the requirements of

this Chapter NR 135, Wisconsin Administrative Code and subchapter I of Chapter 292, Wis. Stats., unless the

Wisconsin Department of Natural Resources is the regulatory authority as defined in s. 27.10(22)(c)3. If the

Wisconsin Department of Natural Resources is the regulatory authority, "applicable reclamation ordinance" means

the relevant and applicable provisions of Chapter NR 135, Wisconsin Administrative Code.

(3) “Bluff” means a naturally occurring high bank or bold headland with a broad precipitous

sometimes rounded cliff face overlooking a plain or a body of water.

(4) “Bluff line” means the edge of where the steep face of the bluff begins.

(5) "Borrow site" means an area outside of a transportation project site from which stone, soil,

sand or gravel is excavated for use at the project site, except the term does not include commercial sources.

(6) "Department" means the Wisconsin Department of Natural Resources.

(7) “Environmental pollution” has the meaning in s. 295.11(2), Wis. Stats.

(8) "Financial assurance" means a commitment of funds or resources by an operator to a

regulatory authority that satisfies the requirements in s. 27.14 and is sufficient to pay for reclamation activities

required by this chapter.

(9) “Highwall” means a vertical or nearly vertical face in solid rock or a slope of consolidated

or unconsolidated material that exceeds 3:1.

(10) "Landowner" means the person who has title to land in fee simple or who holds a land

contract for the land. A landowner is not a person who owns nonmetallic mineral rights to land, if a different

person possesses title to that land in fee simple or holds a land contract for that land.

(11) “Licensed professional geologist” means a person who is licensed as a professional

geologist pursuant to Ch. 470, Wis. Stats.

(12) "Municipality" means any city, town or village.


NONMETALLIC MINING RECLAMATION 27.10(13)

(13) "Nonmetallic mineral" means a product, commodity or material consisting principally of

naturally occurring, organic or inorganic, nonmetallic, nonrenewable material. Nonmetallic minerals include, but

are not limited to, stone, sand, gravel, asbestos, beryl, diamond, clay, coal, feldspar, peat, talc and topsoil.

(14) "Nonmetallic mining" or "mining" means all of following:

(a) Operations or activities at a nonmetallic mining site for the extraction from the

earth of mineral aggregates or nonmetallic minerals for sale or use by the operator. Nonmetallic mining includes

use of mining equipment or techniques to remove materials from the in-place nonmetallic mineral deposit,

including drilling and blasting, as well as associated activities such as excavation, grading and dredging.

Nonmetallic mining does not include removal from the earth of products or commodities that contain only minor or

incidental amounts of nonmetallic minerals, such as commercial sod, agricultural crops, ornamental or garden

plants, forest products, Christmas trees or plant nursery stock.

(b) Processes carried out at a nonmetallic mining site that are related to the preparation

or processing of the mineral aggregates or nonmetallic minerals obtained from the nonmetallic mining site. These

processes include, but are not limited to stockpiling of materials, blending mineral aggregates or nonmetallic

minerals with other mineral aggregates or nonmetallic minerals, blasting, grading, crushing, screening, scalping and

dewatering.

(15) "Nonmetallic mining reclamation" or "reclamation" means the rehabilitation of a nonmetallic

mining site to achieve a land use specified in a nonmetallic mining reclamation plan approved under this chapter,

including removal or reuse of nonmetallic mining refuse, grading of the nonmetallic mining site, removal, storage

and replacement of topsoil, stabilization of soil conditions, reestablishment of vegetative cover, control of surface

water and groundwater, prevention of environmental pollution and the restoration of plant, fish and wildlife habitat.

(16) "Nonmetallic mining refuse" means waste soil, rock and mineral, as well as other natural site

material resulting from nonmetallic mining. Nonmetallic mining refuse does not include marketable by-products

resulting directly from or displaced by the nonmetallic mining that are scheduled to be removed from the

nonmetallic mining site within a reasonable period of time after extraction.

(17) "Nonmetallic mining site" or "site" means all contiguous areas of present or proposed mining

described in par. (a), subject to the qualifications in par. (b).

(a) Nonmetallic mining site means the following:

1. The location where nonmetallic mining is proposed or conducted.

2. Storage and processing areas that are in or contiguous to areas excavated

for nonmetallic mining.

3. Areas where nonmetallic mining refuse is deposited.

4. Areas affected by activities such as the construction or improvement of

private roads or haulage ways for nonmetallic mining.

5. Areas where grading or regrading is necessary.


NONMETALLIC MINING RECLAMATION 27.10(17)(a)6.

6. Areas where nonmetallic mining reclamation activities are carried out or

structures needed for nonmetallic mining reclamation, such as topsoil stockpile areas, revegetation test plots, or

channels for surface water diversion, are located.

(b) “Nonmetallic mine site" does not include any of the following areas:

1. Those portions of sites listed in par. (a) not used for nonmetallic mining or

purposes related to nonmetallic mining after August 1, 2001.

2. Separate, previously mined areas that are not used for nonmetallic mineral

extraction after August 1, 2001 and are not contiguous to mine sites, including separate areas that are connected to

active mine sites by public or private roads.

3. Areas previously mined but used after August 1, 2001 for a non-mining

activity, such as stockpiles of materials used for an industrial process unrelated to nonmetallic mining.

(18) "Operator" means any person who is engaged in, or who has applied for a permit to engage

in, nonmetallic mining, whether individually, jointly or through subsidiaries, agents, employees, contractors or

subcontractors.

(19) “Person” means an individual, owner, operator, corporation, limited liability company,

partnership, association, county, municipality, interstate agency, state agency or federal agency.

(20) “Progressive reclamation” means the sequential reclamation of portions of the nonmetallic

mining site affected by mining operations that is performed in advance of final site reclamation, but which may or

may not be final reclamation, performed in minimize the area exposed to erosion, at any one time, by nonmetallic

mining activities.

(21) "Registered professional engineer" means a person who is registered as a professional

engineer pursuant to s. 443.04, Wis. Stats.

(22) "Regulatory authority" means one the following:

(a) The county in which the nonmetallic mining site is located, that has an applicable

reclamation ordinance under s. 295.13, Wis. Stats., except where a municipality has adopted an applicable

reclamation ordinance pursuant to par. (b).

(b) The municipality in which the nonmetallic mining site is located and which has

adopted an applicable reclamation ordinance under s. 295.14, Wis. Stats.

(c) The department, in case where a county mining reclamation program is no longer

in effect under s. 295.14 Wis. Stats., but only if there is no applicable reclamation ordinance enacted by the

municipality in which the nonmetallic mining site is located.

(23) "Replacement of topsoil" means the replacement or redistribution of topsoil or topsoil

substitute material to all areas where topsoil was actually removed or affected by nonmetallic mining for the

purposes of providing adequate vegetative cover and stabilization of soil conditions needed to achieve the approved

post-mining land use and as required by the reclamation plan approved pursuant to this chapter.



(24) "Solid waste" means any garbage, refuse, sludge from a waste treatment plant, water

supply treatment plant or air pollution control facility and other discarded or salvageable materials, including solid,

liquid, semisolid or contained gaseous materials resulting from industrial, commercial, mining and agricultural

operations, and from community activities, but does not include solids or dissolved material in domestic sewage, or

solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to

permits under Chapter 283, Wis. Stats., or source material, special nuclear material or by-product material, as

defined in s. 254.31(1), Wis. Stats.

(25) "Topsoil" means the surface layer of soil which is generally more fertile than the

underlying soil layers, which is the natural medium for plant growth and which can provide the plant growth, soil

stability and other attributes necessary to meet the success standards approved in the reclamation plan.

(26) "Topsoil substitute material" means soil or other unconsolidated material either used alone

or mixed with other beneficial materials and which can provide the plant growth, site stability and other attributes

necessary to meet the success standards approved in the reclamation plan.

(27) (a) "Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas in

which nonmetallic mining has occurred after August 1, 2001 and areas where nonmetallic mining reclamation has

been completed but is not yet certified as reclaimed under s. 27.29(3). However the term does not include any areas

described in par. (b).

(b) "Unreclaimed acre" or "unreclaimed acres" does not include:

1. Those areas where reclamation has been completed and certified as

reclaimed under s. 27.29(3).

2. Those areas previously affected by nonmetallic mining but which are not

used for nonmetallic mining after August 1, 2001.

3. Those portions of nonmetallic mining sites which are included in an

nonmetallic mining reclamation plan approved pursuant to this chapter but are not yet affected by nonmetallic

mining.

4. Areas previously mined but used after August 1, 2001 for a non-mining

activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete batch

plant, block and tile operation or other industry that uses products produced from nonmetallic mining.

5. For purposes of fees under s. 27.27, those areas within a nonmetallic

mining site which La Crosse County has determined to have been successfully reclaimed on an interim basis in

accordance with s. 27.29(3).

27.11 Standards. All nonmetallic mining sites subject to this chapter shall be reclaimed in conformance

with the standards contained below.

(1) General Standards.

(a) Refuse and other solid wastes. Nonmetallic mining refuse shall be reused in

accordance with a reclamation plan. Other solid wastes shall be disposed of in accordance with applicable rules of

the Wisconsin Department of Natural Resources adopted pursuant to Chapters 289 and 291, Wis. Stats.


NONMETALLIC MINING RECLAMATION 27.11(1)(b)

(b) Area disturbed and progressive reclamation. Nonmetallic mining reclamation shall

be conducted, to the extent practicable, to minimize the area disturbed by nonmetallic mining and to provide for

nonmetallic mining reclamation of portions of the nonmetallic mining site while nonmetallic mining continues on

other portions of the nonmetallic mining site.

(c) Public health, safety and welfare. All nonmetallic mining sites shall be reclaimed

in a manner so as to comply with federal, state and local regulations governing public health, safety and welfare.

(d) Habitat restoration. When the land use required by the reclamation plan approved

pursuant to this chapter requires plant, fish or wildlife habitat, it shall be restored, to the extent practicable, to a

condition at least as suitable as that which existed before the lands were affected by nonmetallic mining operations.

(e) Compliance with environmental regulations. Reclamation of nonmetallic mining

sites shall comply with any other applicable federal, state and local laws including those related to environmental

protection, zoning and land use control.

(2) Surface water and wetlands protection. Nonmetallic mining reclamation shall be

conducted and completed in a manner that assures compliance with the Wisconsin Department of Natural

Resources’ water quality standards for surface waters and wetlands contained in Chapters NR 102 to NR 105,

Wisconsin Administrative Code. Before disturbing the surface of a nonmetallic mining site and removing topsoil,

all necessary measures for diversion and drainage of runoff from the site to prevent pollution of waters of the state

shall be installed in accordance with the reclamation plans approved pursuant to this chapter. Diverted or

channelized runoff resulting from reclamation may not adversely affect neighboring properties.

(3) Groundwater protection.

(a) Groundwater quantity. A nonmetallic mining site shall be reclaimed in a manner

that does not cause a permanent lowering of the water table that results in adverse effects on surface waters or a

significant reduction in the quantity of groundwater reasonably available for future users of groundwater.

(b) Groundwater quality. Nonmetallic mining reclamation shall be conducted in a

manner which does not cause groundwater quality standards in Chapter NR 140, Wisconsin Administrative Code to

be exceeded at a point of standards application defined in that chapter.

(4) Topsoil management.

(a) Removal. Topsoil and topsoil substitute material shall be provided as specified in

the reclamation plan approved pursuant to this chapter in order to achieve reclamation to the approved post-mining

land use. Removal of on-site topsoil and topsoil substitute material removal, when specified in the reclamation

plan, shall be performed prior to any mining activity associated with any specific phase of the mining operation.

(b) Volume. The operator shall maintain on-site or obtain the volume of soil and

topsoil required to perform the final reclamation in accordance with the approved reclamation plan.

(5) Final grading and slopes.

(a) All areas affected by mining shall be addressed in the approved reclamation plan,

pursuant to 27.13 to provide that a stable and safe condition consistent with the post-mining land use is achieved.


NONMETALLIC MINING RECLAMATION 27.11(5)(a)

The reclamation plan may designate highwalls or other unmined and undisturbed natural solid bedrock as stable

and safe and not in need of reclamation or designate other areas affected by mining including slopes comprised of

unconsolidated materials that exceed a 3:1 slope, whether or not graded, as stable and safe. For slopes designated

as stable under this subsection, the regulatory authority may require that either: a site-specific engineering analysis

be performed by a registered professional engineer to demonstrate that an acceptable slope stability factor is

attainable at a steeper slope, or the operator perform a field test plot demonstration to demonstrate that a stable and

safe condition will be achieved and that the post-mining land use specified in the reclamation land will not be

adversely affected.

(b) Final reclaimed slopes covered by topsoil or topsoil substitute material may not be

steeper than a 3:1 horizontal to vertical incline, unless found acceptable through one or more of the following:

alternative requirements are approved under s. 27.18, steeper slopes are shown to be stable though a field plot

demonstration approved as part of an approved reclamation plan; or stable slopes can be demonstrated based on

site-specific engineering analysis performed by a registered professional engineer. All areas in the nonmetallic

mine site where topsoil or topsoil substitute material is to be reapplied shall be graded or otherwise prepared prior

to topsoil or topsoil substitute material redistribution to provide the optimum adherence between the topsoil or

topsoil substitute material and the underlying material.

(c) When the approved post-mining land use includes a body of water, the approved

final grade at the edge of a body of water shall extend vertically 6 feet below the lowest seasonal water level. A

slope no steeper than 3:1 shall be created at a designated location or locations, depending on the size of the water

body to allow for a safe exit.

(d) Bluff and Bluff-line considerations. A bluff or bluff-line shall not be disturbed by

soil or rock excavation except in accordance with an approved plan.

(6) Topsoil redistribution for reclamation. Prior to replacing soil that has been stockpiled for

longer than one calendar year, soil tests shall be performed at intervals of three-feet to determine what amendments

may be necessary to support vegetation according to the approved reclamation plan. Topsoil or topsoil substitute

material shall be redistributed in accordance with the approved reclamation plan. Topsoil or topsoil substitute

material redistribution may not be performed on frozen surfaces or during or immediately after a precipitation event

until the soils have sufficiently dried.

(7) Revegetation and site stabilization. Except for permanent roads or similar surfaces

identified in the reclamation plan approved pursuant to this chapter, all surfaces affected by nonmetallic mining

shall be reclaimed and stabilized. Revegetation and site stabilization shall be in accordance with the approved

reclamation plan and shall be performed as soon as practicable after mining activity has permanently ceased in any

part of the mine site.

(8) Assessing completion of successful reclamation.

(a) The criteria for assessing when reclamation is complete and, therefore, when the

financial assurance may be released shall be specified in the reclamation plan approved pursuant to this chapter.

Criteria to evaluate certification success shall be quantifiable.

(b) Compliance with the revegetation success standards in the approved reclamation

plan shall be determined by:


NONMETALLIC MINING RECLAMATION 27.11(8)(b)1.

1. On-site inspections by the Department of Land Conservation and operator

or their agents;

2. Reports presenting results obtained during reclamation evaluations

including summarized data on revegetation, photo documentation or other evidence that the criteria approved in the

reclamation plan to ascertain success have been met; or

3. A combination of inspections and reports.

4. Revegetation success may be determined by:

a. comparison to an appropriate reference areas;

b. comparison to baseline data acquired at the mining site prior to its

being affected by mining; or

c. comparison to an approved alternate technical standard.

5. Revegetation using a variety of plants indigenous to the area is favored.

(9) Intermittent mining. Intermittent mining may be conducted provided that the possibility of

intermittent cessation of operations is addressed in an operator's reclamation permit, no environmental pollution or

erosion of sediments is occurring, and financial assurance for reclamation pursuant to s. 27.14 is maintained

covering all remaining portions of the site that have been affected by nonmetallic mining and that have not been

reclaimed.

(10) Maintenance. During the period of the site reclamation, after the operator has stated that

reclamation is complete but prior to release of financial assurance, the operator shall perform any maintenance

necessary to prevent erosion, sedimentation or environmental pollution, comply with the standards of this

subchapter, or to meet the goals specified in the reclamation plan approved pursuant to this chapter.

27.12 Nonmetallic Mining Reclamation Permit Application Required. No person may engage in

nonmetallic mining or in nonmetallic mining reclamation without possessing a nonmetallic mining reclamation

permit issued pursuant to the applicable reclamation ordinance unless the activity is specifically exempted in ss.

27.07(1), 27.07(2), or 27.10(17)(b).

(1) Required Submittal. All operators of nonmetallic mining sites shall apply for a

reclamation permit from Zoning and Land Information. All applications for reclamation permits under this section

shall be accompanied by the following information:

(a) A brief description of the general location and nature of the nonmetallic mine.

(b) A legal description of the property on which the nonmetallic mine is located or

proposed, including the parcel identification number.

(c) Zoning certificate or conditional use permit.


NONMETALLIC MINING RECLAMATION 27.12(1)(d)

(d) The names, addresses and telephone numbers of all persons or organizations who

are owners or lessors of the property on which the nonmetallic mining site is located.

(e) The name, address and telephone number of the person or organization who is the

operator.

(f) A certification by the operator of his or her intent to comply with the statewide

nonmetallic mining reclamation standards established by s. 27.11.

(2) Reclamation Permit Application Contents. The operator of any nonmetallic mine site

shall submit an application that meets the requirements specified below to Zoning and Land Information prior to

beginning operations.

(a) The information required by s. 27.12(1).

(b) The plan review and annual fees required by ss. 27.26 and 27.27.

(c) A reclamation plan conforming to s. 27.13.

(d) A certification that the operator will provide, as a condition of the reclamation

permit, financial assurance as required by s. 27.14 upon granting of the reclamation permit and before mining

begins.

(e) To avoid duplication, the permit application and submittals required under this

subsection may, by reference, incorporate existing plans or materials that meet the requirements of this chapter as

determined by La Crosse County.

27.13 Reclamation Plan.

(1) Reclamation Plan Required. All operators who conduct or plan to conduct nonmetallic

mining shall submit to the Department of Land Conservation a reclamation plan that meets all of the following

requirements and complies with the reclamation standards of s. 27.11.

(a) Post-Mining Land Use. The reclamation plan shall include information sufficient

to describe the existing natural and physical conditions of the site, including, but not limited to:

1. Maps of the nonmetallic mining site including the general location,

property boundaries, the areal extent, geologic composition and depth of the nonmetallic mineral deposit, the

distribution, thickness and type of topsoil, the location of surface waters and the existing drainage patterns, the

approximate elevation of ground water, as determined by existing hydrogeologic information. In specific instances

where the existing hydrogeologic information is insufficient for purposes of the reclamation plan, the applicant may

supplement the information with the opinion of a licensed professional geologist or hydrologist.

2. Topsoil or topsoil substitute material, if required to support revegetation

needed for reclaiming the site to approved post-mining land use, can be identified using county soil surveys or other

available information, including that obtained from a soil scientist or the University of Wisconsin soil science

extension agent or other available information resources.



3. Information available to the mine operator on biological resources, plant

communities, and wildlife use at and adjacent to the proposed or operating mine site.

4. Existing topography as shown on contour maps of the site at: slopes

greater than 20% contour interval at 10’; 12-20% contour interval at 5’; and 0-12% contour interval at 2’. Contour

data must extend a minimum of 200 feet beyond the area of disturbance or to property line.

5. Location of manmade features on or near the site.

6. For proposed nonmetallic mining sites that include previously mined areas,

a plan view drawing showing the location and extent of land previously affected by nonmetallic mining, including

the location of stockpiles, wash ponds and sediment basins.

7. Information of significant archaeological and historical resources

including potential burial sites and human graves s. 157.70, Wis. Stats. This information is to be determined by

contacting the State Archaeologist at the State Historical Society and the Regional Archaeologist at the Mississippi

Valley Archaeology Center.

8. Public and private well locations within 1/2 mile of furthest extent of

nonmetallic mining operation.

(b) Post-Mining Land Use.

1. The reclamation plan shall specify a proposed post-mining land use for the

nonmetallic mine site. The proposed post-mining land use shall be consistent with local land use plans and local

zoning at the time the plan is submitted, unless a change to the land use plan or zoning is proposed. The proposed

post-mining land use shall also be consistent with all applicable local, state, or federal laws in effect at the time the

plan is submitted.

2. Land used for nonmetallic mineral extraction in areas zoned under an

exclusive agricultural use ordinance pursuant to s. 91.75, Wis. Stats., shall be restored to agricultural use.

(c) Reclamation Measures. The reclamation plan shall include a description of the

proposed reclamation, including methods and procedures to be used and a proposed schedule and sequence for the

completion of reclamation activities for various stages of reclamation of the nonmetallic mining site. The following

shall be included:

1. A description of the proposed earthwork and reclamation, including final

slope angles, high wall reduction, benching, terracing and other structural slope stabilization measures and if

necessary a site specific engineering analysis performed by a registered professional engineer as provided by ss.

27.11(5)(a) or (b).

2. The methods of topsoil or topsoil substitute material removal, storage,

stabilization and conservation that will be used during reclamation.

3. A plan or map which shows anticipated topography of the reclaimed site

and any water impoundments or artificial lakes needed to support the anticipated future land use of the site.


NONMETALLIC MINING RECLAMATION 27.13(1)(c)4.

4. A plan or map which shows surface structures, roads and related facilities

after the cessation of mining.

5. The estimated cost of reclamation for each stage of the project or the entire

site if reclamation staging is not planned.

6. A revegetation plan which shall include timing and methods of seed bed

preparation, rates and kinds of soil amendments, seed application timing, methods and rates, mulching, netting and

any other techniques needed to accomplish soil and slope stabilization.

7. Quantifiable standards for revegetation adequate to show that a sustainable

stand of vegetation has been established which will support the approved post-mining land use. Standards for

revegetation may be based on the percent vegetative cover, productivity, plant density, diversity or other applicable

measures.

8. A plan and, if necessary, a narrative showing erosion control measures to

be employed during reclamation activities. These shall address how reclamation activities will be conducted to

minimize erosion and pollution of surface and groundwater.

9. A description of any areas which will be reclaimed on an interim basis

sufficient to qualify for the waiver of fees pursuant to ss. 27.29(2) and 27.29(4) and release of financial assurance

pursuant to sub. 29.29(3) and which will be subsequently disturbed prior to final reclamation. Descriptions shall

include an identification of the proposed areas involved, methods of reclamation to comply with the standards and

timing of interim and final reclamation.

10. A description of how the reclamation plan addresses the long-term safety

of the reclaimed mining site. The description shall include a discussion of site-specific safety measures to be

implemented at the site and include measures that address public safety with regard to adjacent land uses.

(d) Criteria for Successful Reclamation. The reclamation plan shall contain criteria for

assuring successful reclamation in accordance s. 27.11(8).

(e) Certification of Reclamation Plan. The operator shall provide a signed

certification that reclamation will be carried out in accordance with the reclamation plan. If the operator does not

own the land, the landowner or lessor, if different from the operator, shall also provide signed certification that they

concur with the reclamation plan and will allow its implementation

(2) Existing Plans and Approvals. To avoid duplication of effort, the reclamation plan required

by this section may, by reference, incorporate existing plans or materials that meet the requirements of this chapter.

(3) Approval of Reclamation Plan. Department of Land Conservation shall approve,

conditionally approve or deny the reclamation plan submitted under this section in writing in accordance with s.

27.16(2) for mines that apply for a reclamation permit in conformance with s. 27.12(2). Conditional approvals of

reclamation plans shall be made according to s. 27.16(5) and denials of reclamation plans shall be made pursuant to

s. 27.17. The operator shall keep a copy of the reclamation plan approved under this subsection at the mine site or,

if not practicable, at the operator’s nearest place of business.



27.14 Financial Assurance.

(1) Financial Assurance Requirements. All operators of nonmetallic mining sites in La Crosse

County shall prepare and submit a proof of financial assurance that meets the following requirements:

(a) Notification. The Department of Land Conservation shall provide written

notification to the operator of the amount of financial assurance required under s. 27.14(1)(c).

(b) Filing. Following approval of the nonmetallic mining reclamation permit, and as a

condition of the permit, the operator shall file a financial assurance with Zoning and Land Information. The

financial assurance shall provide that the operator shall faithfully perform all requirements in this chapter, an

applicable reclamation ordinance and the reclamation plan. Financial assurance shall be payable exclusively to La

Crosse County. In cases where one or more other regulatory authorities regulate a nonmetallic mining site, all

financial assurance shall be made payable to La Crosse County only if it currently has primary regulatory

responsibility.

(c) Amount and duration of financial assurance. The amount of financial assurance

shall equal as closely as possible the cost to La Crosse County of hiring a contractor to complete either final

reclamation or progressive reclamation according to the approved reclamation plan. The amount of financial

assurance shall be reviewed periodically by the Department of Land Conservation to assure it equals outstanding

reclamation costs. Any financial assurance filed with Zoning and Land Information shall be in an amount equal to

the estimated cost for reclaiming all sites the operator has under project permits. The Department of Land

Conservation may accept a lesser initial amount of financial assurance provided that the permittee initiates a

process to continuously increase the amount of financial assurance until it is adequate to effect reclamation. An

escrow account may be established that is based on production gross sales and serves to provide regular payments

to an account that is designed to grow to the amount necessary to guarantee performance of reclamation by the

expected time of final reclamation. The period of the financial assurance is dictated by the period of time required

to establish the post mining land use declared and approved of in the reclamation plan. This may extend beyond the

permit if required to accomplish successful and complete implementation of the reclamation plan.

(d) Form and management. Financial assurance shall be provided by the operator and

shall be by a bond or an alternate financial assurance. Financial assurance shall be payable to La Crosse County

and released upon successful completion of the reclamation measures specified in the reclamation plan. Alternate

financial assurances may include, but are not limited to certificates of deposits, irrevocable letters of credit,

irrevocable trusts, established escrow accounts, demonstration of financial responsibility by meeting net worth

requirements, or government securities. Any interest from the financial assurance shall be paid to the operator.

Certificates of deposit shall be automatically renewable or other assurances shall be provided before the maturity

date. Financial assurance arrangements may include, at the discretion of La Crosse County, a blend of different

options for financial assurance including a lien on the property on which the nonmetallic mining site occurs or a

combination of financial assurance methods.

(e) Multiple projects. Any operator who obtains a permit from La Crosse County for

2 or more nonmetallic mining sites may elect, at the time the second or subsequent site is approved, to post a single

financial assurance in lieu of separate financial assurance instruments for each nonmetallic mining site. When an

operator elects to post a single financial assurance in lieu of separate financial assurances for each mining site, no

financial assurances previously posted on individual mining sites shall be released until the new financial assurance

has been accepted by La Crosse County.


NONMETALLIC MINING RECLAMATION 27.14(1)(f)

(f) Multiple jurisdictions. In cases where more than one regulatory authority has

jurisdiction, a cooperative financial security arrangement may be developed and implemented by the regulatory

authorities to avoid requiring the permittee to prove financial assurance with more than one regulatory authority for

the same nonmetallic mining site. Financial assurance is required for each site and two or more sites of less than

one acre by the same operator, except that governmental units are not required to obtain financial assurance.

(g) Certification of completion and release.

1. The operator shall notify the Department of Land Conservation, by filing a

notice of completion, at the time that he or she determines that reclamation of any portion of the mining site or the

entire site is complete. The Department of Land Conservation shall inspect the mine site or portion thereof that was

the subject of the notice of completion to determine if reclamation has been carried out in accordance with the

approved reclamation plan. The Department of Land Conservation may partially release the financial assurance if it

determines that compliance with a portion of the reclamation plan has been achieved and requires no waiting

period. After determining that reclamation is complete the Department of Land Conservation shall issue a

certificate of completion and shall release the financial assurance or appropriately reduce the financial assurance in

the case of reclamation of a portion of the mining site.

2. The Department of Land Conservation shall make a determination of

whether or not the certification in par. (a) can be made within 60 days that the request is received.

3. The Department of Land Conservation may make a determination under

this subsection that:

a. Reclamation is not yet complete;

b. It is not possible to assess whether reclamation is complete due to

weather conditions, snow cover or other relevant factors;

c. Reclamation is complete in a part of the mine; or

d. Reclamation is fully complete.

(h) Forfeiture. Financial assurance shall be forfeited if any of the following occur:

1. A permit is revoked under s. 27.24 and the appeals process has been

completed.

2. An operator ceases mining operations and fails to reclaim the site in accordance

with the reclamation plan.

(i) Cancellation. Financial assurance shall provide that it may not be cancelled by the

surety or other holder or issuer except after not less than a 90 day notice to Department of Land Conservation in

writing by registered or certified mail. Not less than 30 days prior to the expiration of the 90-day notice of

cancellation, the operator shall deliver to Zoning and Land Information a replacement proof of financial assurance.

In the absence of this replacement financial assurance, all mining shall cease until the time it is delivered and in

effect.


NONMETALLIC MINING RECLAMATION 27.14(1)(j)

(j) Changing methods of financial assurance. The operator of a nonmetallic mining

site may change from one method of financial assurance to another. This may not be done more than once a year

unless required by an adjustment imposed pursuant to s. 27.14(l). The operator shall give Zoning and Land

Information at least 60 days notice prior to changing methods of financial assurance and may not actually change

methods without the written approval of Zoning and Land Information.

(k) Bankruptcy notification. The operator of a nonmetallic mining site shall notify the

regulatory authority by certified mail of the commencement of voluntary or involuntary proceeding under

bankruptcy code, 11 USC, et seq., naming the operator as debtor, within 10 days of commencement of the

proceeding.

(l) Adjustment of financial assurance. Financial assurance may be adjusted when

required by La Crosse County. La Crosse County may notify the operator in writing that adjustment is necessary

and the reasons for it. La Crosse County may adjust financial assurance based upon prevailing or projected interest

or inflation rates, or the latest cost estimates for reclamation.

(m) Net worth test.

1. Only an operator that meets the definition of “company” in s. 289.41 (1)

(b), Wis. Stats., may use the net worth method of providing financial assurance.

2. The operator shall submit information to the Zoning and Land Information

in satisfaction of the net worth test requirements of s. 289.41 (4), Wis. Stats. The criteria in ss. 289.41 (6) (b), (d),

(e), (f), (g), (h) and (i), Wis. Stats., shall apply.

3. An operator using the net worth test to provide financial assurance for

more than one mine shall use the total cost of compliance for all mines in determining the net worth to reclamation

cost ratio in accordance with s. 289.41(6), Wis. Stats.

4. Determinations under the net worth test shall be done in accordance with s.

289.41(5), Wis. Stats.

5. In addition, the operator shall submit a legally binding commitment to

faithfully perform all compliance and reclamation work at the mine site that is required under this chapter.

(2) Private Nonmetallic Mines. The operator of any nonmetallic mining site that applies for a

reclamation permit in conformance with s. 27.12(2) shall submit the proof of financial assurance required by s.

27.14(1) as specified in the reclamation permit issued to it under this chapter.

(3) Public Nonmetallic Mining. The financial assurance requirements of this section do not

apply to nonmetallic mining conducted by the State of Wisconsin, a state agency, board, commission or

department, or a municipality.

27.15 Public Notice and Right of Hearing.

(1) Reclamation Plan Hearing. Zoning and Land Information shall provide public notice and

the opportunity for a public informational hearing as set forth below:

(a) Public notice.



1. When Zoning and Land Information receives an application to issue a

reclamation permit, it shall publish a public notice of the application no later than 30 days after receipt of a

complete application that satisfies s. 27.12(2).

2. The notice shall briefly describe the mining and reclamation planned at the

nonmetallic mining site. The notice shall be published as a class 2 notice pursuant to s. 985.07(2), Wis. Stats., in

the official newspaper of La Crosse County. The notice shall mention the opportunity for public hearing pursuant

to this section and shall give the locations at which the public may review the application and all supporting

materials including the reclamation plan.

3. Copies of the notice shall be forwarded by Zoning and Land Information

to the county or applicable local zoning board, the county and applicable municipal planning organization, the

county land conservation department, and owners of land within 300 feet of the boundaries of the parcel or parcels

of land on which the site is located.

(b) Hearing. Zoning and Land Information shall provide for an opportunity for a

public informational hearing on an application or request to issue a nonmetallic mining reclamation permit as

follows.

1. If it conducts a zoning-related hearing on the nonmetallic mine site,

Zoning and Land Information shall provide the opportunity at this hearing to present testimony on reclamation-

related matters. This opportunity shall fulfill the requirement for public hearing for a nonmetallic mining

reclamation permit required by this section. Zoning and Land Information shall consider the reclamation-related

testimony in the zoning-related hearing in deciding on a permit application pursuant to this chapter.

2. The subject matter and testimony at this informational hearing shall be

limited to reclamation of the nonmetallic mine site.

(2) Local Transportation-Related Mines. No public notice or informational hearing is required

for a nonmetallic mining reclamation permit issued to a local transportation-related mine pursuant to s. 27.16(3).

27.16 Issuance of a Nonmetallic Mining Reclamation Permit.

(1) Permit Required. No person may engage in nonmetallic mining or nonmetallic mining

reclamation in La Crosse County without first obtaining a reclamation permit issued under this section, except for

nonmetallic mining sites that are exempt from this chapter under s. 27.07(2).

(2) Permit Issuance. Applications for reclamation permits for nonmetallic mining that satisfy

s. 27.12(2) shall be issued a reclamation permit or otherwise acted on as provided below.

(a) Unless denied pursuant to s. 27.17, Zoning and Land Information shall approve in

writing a request that satisfies the requirements of s. 27.12(2) to issue a nonmetallic mining reclamation permit for

the proposed nonmetallic mine.



(b) Zoning and Land Information may not issue an approval without prior or

concurrent approval of the reclamation plan that meets the requirements of s. 27.13. The regulatory authority may

issue a reclamation permit subject to conditions in s. 27.16(5) if appropriate. The permit decision shall be made no

sooner than 30 days nor later than 90 days following receipt of the complete reclamation permit application that

meets the requirements in s. 27.12 and reclamation plan that meets the requirements in s. 27.13, unless a public

hearing is held pursuant to s. 27.15. If a public hearing is held, the regulatory authority shall issue the reclamation

permit, subject to conditions pursuant to s. 27.16(5) if appropriate, or shall deny the permit as provided in s. 27.17,

no later than 60 days after completing the public hearing.

(c) Permits issued pursuant to this subsection shall require compliance with a

reclamation plan that has been approved and satisfies the requirements of s. 27.13 and provision by the applicant of

financial assurance required under s. 27.14 and payable to La Crosse County prior to beginning mining.

(3) Automatic Permit for Local Transportation-Related Mines

(a) Zoning and Land Information shall automatically issue an expedited permit under

this subsection to any borrow site that:

1. Will be opened and reclaimed under contract with a municipality within a

period not exceeding 36 months;

2. Is a nonmetallic mine which is intended to provide stone, soil, sand or

gravel for the construction, reconstruction, maintenance or repair of a highway, railroad, airport facility or other

transportation facility under contract with the municipality;

3. Is regulated and will be reclaimed under contract with the municipality in

accordance with the requirements of the Wisconsin Department of Transportation concerning the restoration of

nonmetallic mining sites;

4. Is not a commercial source;

5. Will be constructed, operated and reclaimed in accordance with applicable

zoning requirements, if any and;

6. Is not otherwise exempt from the requirements of this chapter under s.

27.07(2)(j).

(b) In this subsection, “municipality” has the meaning defined in s. 299.01(8), Wis.

Stats.

(c) Automatic permits shall be issued under this subsection in accordance with the

following provisions:

1. The applicant shall notify Zoning and Land Information of the terms and

conditions of the contract with respect to reclamation of the proposed borrow site.

2. The applicant shall provide evidence to Zoning and Land Information to

show that the borrow site and its reclamation will comply with applicable zoning requirements, if any.


NONMETALLIC MINING RECLAMATION 27.16(3)(c)3.

3. La Crosse County shall accept the contractual provisions incorporating

requirements of the Wisconsin Department of Transportation in lieu of a reclamation plan under s. 27.13.

4. La Crosse County shall accept the contractual provisions in lieu of the

financial assurance requirements in s. 27.14.

5. The public notice and hearing provisions of s. 27.15 do not apply to

nonmetallic mining sites that are issued automatic permits under this subsection.

6. Mines permitted under this subsection shall pay an annual fee to La Crosse

County as provided in s. 27.27, but shall not be subject to the plan review fee provided in s. 27.26. The total annual

fee, including the share of the Department of Natural Resources, shall not exceed the amount in Table 2 of s. 27.34.

7. Zoning and Land Information shall issue the automatic permit within 7

days of the receipt of a complete application.

8. If the borrow site is used to concurrently supply materials for other than

the local transportation project, the automatic permitting in this subsection still applies provided the site will be

reclaimed under a contractual obligation with the municipality in accordance with the Wisconsin Department of

Transportation requirements.

9. Notwithstanding s. 27.25, the operator of a borrow site under this

subsection is required to submit only the information in an annual report necessary to identify the borrow site and to

determine the applicable annual fee.

(4) Expedited Review. Any operator of a nonmetallic mining site may request, in writing,

expedited review of a reclamation permit application under s. (a) or s. (b) as follows:

(a) The operator may submit a request for expedited permit review with payment of

the expedited review fee specified in s. 27.26(2). This request shall state the need for such expedited review and

the date by which such expedited review is requested.

(b) The operator may submit a request for expedited review under this subsection if

the applicant requires a reclamation permit to perform services under contract with a municipality. This request for

expedited review shall state the need for expedited review and shall include a copy of the applicable sections of the

contract and the date by which the expedited review is requested.

(c) Following receipt of a request under this subsection, Zoning and Land Information

shall inform the applicant of the estimated date for decision on issuance of the permit. If the applicant then elects

not to proceed with the expedited review, the fee paid under s. (a) shall be returned.

(d) Expedited review under this subsection shall not waive, shorten or otherwise affect

the public notice and right of hearing pursuant to s. 27.15. This subsection does not impose an obligation upon the

regulatory authority to act upon a permit application under this subsection by a specific date.

(5) Permit Conditions. Any decision under this section may include conditions as provided

below:

(a) Zoning and Land Information may issue a reclamation permit or approve a

reclamation plan subject to general or site-specific conditions if needed to assure compliance with the nonmetallic

mining reclamation requirements of this chapter. The approvals may not include conditions that are not related to

reclamation.



(b) One required condition of the issued permit shall be that the new mine obtain

financial assurance pursuant to s. 27.14 prior to beginning mining.

27.17 Permit Denial. An application for a nonmetallic mining reclamation permit shall be denied as set

forth below:

(1) An application to issue a nonmetallic mining reclamation permit shall be denied, within the

time frame for permit issuance specified in s. 27.16, if Zoning and Land Information finds any of the following:

(a) The applicant has, after being given an opportunity to make corrections, failed to

provide to Zoning and Land Information an adequate permit application, reclamation plan, financial assurance or

any other submittal required by Chapter NR 135, Wisconsin Administrative Code or this chapter.

(b) The proposed nonmetallic mining site cannot be reclaimed in compliance with the

reclamation standards contained this chapter, Chapter NR 135, Wisconsin Administrative Code or subch. I. of

Chapter 295, Wis. Stats.

(c) 1. The applicant, or its agent, principal or predecessor has, during the course

of nonmetallic mining in Wisconsin within 10 years of the permit application or modification request being

considered shown a pattern of serious violations of this chapter or of federal, state or local environmental laws

related to nonmetallic mining reclamation.

2. The following may be considered in making this determination of a pattern

of serious violations:

a. Results of judicial or administrative proceedings involving the

operator or its agent, principal or predecessor.

b. Suspensions or revocations of nonmetallic mining reclamation

permits pursuant to this chapter, other reclamation ordinances or Chapter NR 135, Wisconsin Administrative Code.

c. Forfeitures of financial assurance.

(d) A denial under this subsection shall be in writing and shall contain documentation

of reasons for denial.

(2) A decision to deny an application to issue a reclamation permit may be reviewed under s.

27.22.

27.18 Alternative Requirements.

(1) Scope of Alternative Requirements Approvable. An operator of a nonmetallic mining site

may request an alternative requirement to the reclamation standard established in s. 27.11. Department of Land

Conservation may approve an alternative requirement to the reclamation standards established in this chapter if the

operator demonstrates and Department of Land Conservation finds that all of the following criteria are met:

(a) The nonmetallic mining site, the surrounding property or the mining plan or

reclamation plan has a unique characteristic which requires an alternative requirement.



(b) Unnecessary hardship which is peculiar to the nonmetallic mining site or plan will

result unless the alternative requirement is approved.

(c) Reclamation in accordance with the proposed alternative requirement will achieve

equal or greater benefit to the planned post-mining land use and long term site stability in a manner that will not

cause environmental pollution or threaten public health, safety or welfare.

(2) Procedures.

(a) The operator of a nonmetallic mining site requesting an alternate requirement in s.

27.18(1) shall demonstrate all the criteria in s. 27.18(1). This shall be submitted in writing to Department of Land

Conservation, 400 North Fourth Street, La Crosse, WI 54601.

(b) A request for an alternative requirement may be incorporated as part of an

application to issue or modify a nonmetallic mining reclamation permit.

(3) Transmittal of Decision on Request for Alternative Requirement. The decision on a

request for alternate reclamation requirements shall be in writing to the applicant and shall include documentation

of why the alternate requirement was or was not approved.

(4) Notice to Wisconsin Department of Natural Resources. Zoning and Land Information shall

provide notice to the Wisconsin Department of Natural Resources as set forth in this subsection. A copy of any

written decision on alternative requirements shall be submitted to the Wisconsin Department of Natural Resources

within 10 days of issuance.

27.19 Permit Duration.

(1) A nonmetallic mining reclamation permit issued under this chapter shall last through

operation and reclamation of the nonmetallic mining site, unless suspended or revoked pursuant to s. 27.32(2).

(2) If the mine operator is not the landowner, the reclamation permit duration shall not exceed

the duration of the mine lease unless the lease is renewed or the permit is transferred to a subsequent lessee

pursuant to s. 27.20.

27.20 Permit Transfer. A nonmetallic mining reclamation permit issued under this chapter shall be

transferred to a new owner or operator upon satisfaction of the following conditions:

(1) A nonmetallic mining reclamation permit may be transferred to a new operator upon

submittal to Zoning and Land Information of proof of financial assurance and a certification in writing by the new

permit holder that all conditions of the permit will be complied with.

(2) The transfer is not valid until financial assurance has been submitted by the new operator

and accepted by La Crosse County and the Department of Land Conservation makes a written finding that all

conditions of the permit have been complied with. The previous operator shall maintain financial assurance until

the new operator has received approval and provided the financial assurance under this section.



27.21 Previously Permitted Sites. For any nonmetallic mining site which had a reclamation permit

previously issued by another regulatory authority pursuant to Chapter NR 135, Wisconsin Administrative Code that

becomes subject to reclamation permitting authority of La Crosse County the terms and conditions of the

previously-issued municipal reclamation permit shall remain in force until modified by La Crosse County pursuant

to s.27.23(1).

27.22 Review. Any permitting decision or action made by La Crosse County under this chapter may be

reviewed as set forth in this section. Notwithstanding ss. 68.001, 68.03 (8) and (9), 68.06 and 68.10 (1) (b), Wis.

Stats., any person who meets the requirements of s. 227.42 (1), Wis. Stats., may obtain a contested case hearing

under s. 68.11, Wis. Stats., on La Crosse County’s decision to issue, deny or modify a nonmetallic mining

reclamation permit.

27.23 Permit Modification.

(1) By La Crosse County. A nonmetallic mining reclamation permit issued under this chapter

may be modified by La Crosse County if it finds that, due to changing conditions, the nonmetallic mining site is no

longer in compliance with Chapter NR 135, Wisconsin Administrative Code or this chapter. Such modification

shall be by an order modifying the permit in accordance with s. 27.32. This modifying order may require the

operator to amend or submit new application information, reclamation plan, proof of financial assurance or other

information needed to ensure compliance with Chapter NR 135, Wisconsin Administrative Code or this chapter.

(2) At the Operator’s Option. If operator of any nonmetallic mine that holds a reclamation

permit issued under this chapter desires to modify such permit or reclamation plan approved under this chapter, it

may request such modification by submitting a written application for such modification to La Crosse County. The

application for permit or plan modification shall be acted on using the standards and procedures of this chapter.

(3) Required by the Operator. The operator of any nonmetallic mine that holds a reclamation

permit issued under this chapter shall request in writing a modification of such permit if changes occur to the area

to be mined, the nature of the planned reclamation, or other aspects of mining required by the reclamation plan

approved pursuant to this chapter. Such application for permit modification shall be acted on using the standards

and procedures of this chapter.

(4) Review. All actions by La Crosse County on permit modifications requested or initiated

under this section are subject to review under s. 27.22.

27.24 Permit Suspension and Revocation.

(1) Grounds. La Crosse County may suspend or revoke a nonmetallic mining reclamation

permit issued pursuant to this chapter if it finds the operator has done any of the following:

(a) Failed to submit a satisfactory reclamation plan within the time frames specified in

this chapter.

(b) Failed to submit or maintain financial assurance as required by this chapter.

(c) Failed on a repetitive and significant basis to follow the approved reclamation

plan.

(d) Failed to submit an annual report.


NONMETALLIC MINING RECLAMATION 27.24(1)(e)

(e) Failed to submit applicable fees.

(2) Procedures. If La Crosse County finds grounds for suspending or revoking a nonmetallic

mining reclamation permit set forth in s. 27.24(1), it may issue a special order suspending or revoking such permit

as set forth in s. 27.32(2).

(3) Consequences.

(a) If La Crosse County makes any of the findings in s. 27.24(1), it may suspend a

nonmetallic mining reclamation permit for up to 30 days. During the time of suspension, the operator may not

conduct nonmetallic mining at the site, except for reclamation or measures to protect human health and the

environment as ordered by the regulatory authority pursuant to s. 27.32.

(b) If La Crosse County makes any of the findings in s. 27.24(1), it may revoke a

nonmetallic mining reclamation permit. Upon permit revocation, the operator shall forfeit the financial assurance it

has provided pursuant to this chapter to La Crosse County. La Crosse County may use forfeited financial

assurance to reclaim the site to the extent needed to comply with this chapter and the applicable reclamation

ordinance.

27.25 Annual Operator Reporting.

(1) Contents and Deadline. Annual reports that satisfy the requirements of this section shall be

submitted to La Crosse County Department of Land Conservation on forms provided by the County by the

operators of nonmetallic mining sites.

(a) Contents. The annual report required by this section shall include but not limited

to the following:

1. The name and mailing address of the operator.

2. The location of the nonmetallic mining site, including legal description,

tax key number or parcel identification number if available.

3. The identification number of the applicable nonmetallic mining permit,

assigned by Zoning and Land Information.

4. The acreage currently affected by nonmetallic mining extraction and not

yet reclaimed.

5. The amount of acreage that has been reclaimed to date, on a permanent

basis and the amount reclaimed on an interim basis.

6. A plan, map or diagram accurately showing the acreage described in pars.

(4.) and (5.).

7. The following certification, signed by the operator:

"I certify that this information is true and accurate, and that the

nonmetallic mining site described herein complies with all conditions of the applicable nonmetallic mining

reclamation permit and Chapter NR 135, Wisconsin Administrative Code."



(b) Deadline. The annual report shall cover activities on unreclaimed acreage for the

previous calendar year and be submitted by January 10.

(c) When reporting may end. Annual reports shall be submitted by an operator for all

active and intermittent mining sites to Department of Land Conservation for each calendar year until nonmetallic

mining reclamation at the site is certified as complete pursuant to s. 27.29(3) or at the time of release of financial

assurance pursuant to s. 27.14(1)(g).

(2) Inspection in Lieu of Report. Department of Land Conservation may, at its discretion,

obtain the information required in s. 27.25(1) for a calendar year by written documentation of an inspection it

completes during a calendar year, as set forth in this subsection. If Department of Land Conservation obtains and

documents the required information, the annual report need not be submitted by the operator. If Department of

Land Conservation determines that the operator need not submit an annual report pursuant to this subsection, it

shall advise the operator in writing at least 30 days before the end of the applicable calendar year. In that case,

Department of Land Conservation shall require the operator to submit the certification required in s. 27.25(1)(a)7.

(3) Retention of Annual Reports. Annual reports submitted under s. 27.25(1) or inspection

records that replace them under s. 27.25(2) shall be retained by La Crosse County at Department of Land

Conservation for at least 10 years after the calendar year to which they apply. These records, or complete and

accurate copies of them, shall be made available to the Wisconsin Department of Natural Resources upon written

request or during its inspection or audit activities carried out pursuant to Chapter NR 135, Wisconsin

Administrative Code.

27.26 Plan Review Fees.

(1) Amount and Applicability. A person who intends to operate a nonmetallic mining site for

which a permit application has been submitted under s. 27.12(2) shall submit a non-refundable plan review fee as

specified in s. 27.34(3). No plan review fee may be assessed under this section for any local transportation-related

mining receiving an automatic permit under s. 27.16(3). A separate plan review fee shall be paid under this section

for any modification to an existing reclamation plan submitted pursuant to s. 27.23.

(2) Expedited Plan Review Fee. A person who intends to operate a nonmetallic mining site for

which a permit application has been submitted under s. 27.12(2) may obtain expedited reclamation plan review by

paying a fee as specified in s. 27.34(3)(e). Such fee shall be in addition to that required in s. 27.26(1).

(3) Relation to Annual Fee. Any reclamation plan review fee or expedited reclamation plan

review fee collected under this section shall be added to and collected as part of the first annual fee collected under

s. 27.27.

27.27 Annual Fees.

(1) Areas Subject to Fees, Procedures, Deadline and Amount.

(a) Operators of all nonmetallic mining sites subject to reclamation permits issued

under this chapter shall pay annual fees to La Crosse County submitted to Department of Land Conservation.

(b) Fees paid under this section shall be calculated based on the unreclaimed acres of a

nonmetallic mining site, as defined below:


NONMETALLIC MINING RECLAMATION 27.27(1)(b)1.

1. "Unreclaimed acre" or "unreclaimed acres" means those unreclaimed areas

in which nonmetallic mining has occurred after August 1st, 2001 and areas where nonmetallic mining reclamation

has been completed but is not yet certified as reclaimed under s. 27.14(1)(g). However the term does not include

any areas described in par. (2.).

2. "Unreclaimed acre" or "unreclaimed acres" does not include:

a. Those areas where reclamation has been completed and certified

as reclaimed under s. 27.14(1)(g).

b. Those areas previously affected by nonmetallic mining but which

are not used for nonmetallic mining after August 1st, 2001.

c. Those portions of nonmetallic mining sites which are included in

an approved nonmetallic mining reclamation plan but are not yet affected by nonmetallic mining.

d. Areas previously mined but used after August 1st, 2001 for a non-

mining activity, such as stockpiling of materials used for an industrial activity such as an asphalt plant, concrete

batch plant, block and tile operation or other industry that uses products produced from nonmetallic mining.

e. Those areas within a nonmetallic mining site which have been

determined to have been successfully reclaimed on an interim basis in accordance with ss. 27.29(2) and 27.29(3).

3. Fees shall be assessed on active acres only and shall not be assessed on

acreage where nonmetallic mining is proposed and approved but where no nonmetallic mining has yet taken place.

(c) Fees assessed pursuant to this section shall be based on unreclaimed acres at the

end of the year. Such fees apply to a calendar year or any part of a year in which nonmetallic mining takes place,

until final reclamation is certified as complete under s. 27.29. Fees shall be paid no later than January 10 for the

previous year.

(d) If reclamation has already occurred on portions of a nonmetallic mining site, the

fees for such portions may be submitted with a request that they be held by La Crosse County pending certification

of completed reclamation pursuant to s. 27.14(1)(g) and 27.29(3). Upon such certification La Crosse County shall

refund that portion of the annual fee that applies to the reclaimed areas. If Department of Land Conservation fails

to make a determination under ss. 27.14(1)(g) and 27.29(3) within 60 days of the request, it shall refund that portion

of the annual fee that applies to the reclaimed areas.

(e) The amount collected shall equal the Wisconsin Department of Natural Resource’s

share as described in s. 27.27(2), the share of La Crosse County described in s. 27.27(3), and if applicable, the

reclamation plan review fee described in s. 27.26 of this Code.

(2) Wisconsin Department of Natural Resources Share of Fee.

(a) Fees paid under this section shall, except where provided in s. 27.27(1)(b), include

a share for the Wisconsin Department of Natural Resources equal to the amount specified in Table 1 of s. 27.34(1).

(b) For nonmetallic mining sites at which no nonmetallic mining has taken place

during a calendar year, the share for the Wisconsin Department of Natural Resources shall be $15.


NONMETALLIC MINING RECLAMATION 27.27(2)(c)

(c) La Crosse County shall forward fees collected under this subsection to the

Wisconsin Department of Natural Resources by March 31st.

(3) La Crosse County’s Share of Fee.

(a) Fees paid under this section shall also include an annual fee due to La Crosse

County as specified in s. 27.34(3).

(b) The annual fee collected by La Crosse County under this subsection for local

transportation-related mines issued permits under s. 27.16(3) may not exceed the amounts set forth in Table 2 of s.

27.34(2). The amount listed below shall be the total fee assessed on such nonmetallic mines, and shall include both

a share for the Wisconsin Department of Natural Resources and La Crosse County.

(4) Documentation of La Crosse County’s Share of Fee. La Crosse County shall document in

writing its estimated program costs and the need for fees established in s. 27.27(3) on or before June 1st, 2001. This

documentation shall be available for public inspection at La Crosse County Administrative Center.

27.28 Regulatory Reporting and Documentation.

(1) Reporting. La Crosse County shall send an annual report to the Wisconsin Department of

Natural Resources by March 31st for the previous calendar year. The reports shall include the following

information for the previous year’s nonmetallic mining reclamation program:

(a) The total number of nonmetallic mining reclamation permits in effect.

(b) The number of new permits issued within the jurisdiction of La Crosse County.

(c) The number of acres approved for nonmetallic mining and the number of acres

newly approved in the previous year.

(d) The number of acres being mined or un-reclaimed acres.

(e) The number of acres that have been reclaimed and have had financial assurance

released pursuant to s. 27.14(1)(g).

(f) The number of acres that are reclaimed and awaiting release from the financial

assurance requirements of this subchapter pursuant to ss. 27.29(1) and 27.29(2).

(g) The number and nature of alternative requirements granted, permit modifications,

violations, public hearings, enforcement actions, penalties that have been assessed and bond or financial assurance

forfeitures.

(2) Documentation. La Crosse County shall, to the best of its ability, maintain the information

set forth below, and make it available to the Wisconsin Department of Natural Resources for that agency's audit of

La Crosse County’s reclamation program pursuant to Chapter NR 135, Wisconsin Administrative Code:

(a) Documentation of compliance with Chapter NR 135, Wisconsin Administrative

Code and this chapter.



(b) The procedures employed by La Crosse County regarding reclamation plan review,

and the issuance and modification of permits.

(c) The methods for review of annual reports received from operators.

(d) The method and effectiveness of fee collection.

(e) Procedures to accurately forward the Wisconsin Department of Natural Resources’

portion of collected fees in a timely fashion.

(f) Methods for conducting on-site compliance inspections and attendant reports,

records and enforcement actions.

(g) Responses to citizen complaints.

(h) The method of and accuracy in determining the amount of the financial assurance

obtained from the operator to guarantee reclamation performance.

(i) The maintenance and availability of records.

(j) The number and type of approvals for alternative requirements issued pursuant to

s. 27.18.

(k) The method of determining the success of reclamation in meeting the criteria

contained in the reclamation plan and subsequently releasing the financial assurance pursuant to s. 27.14(1)(g).

(l) Any changes in local regulations, ordinances, funding and staffing mechanisms or

any other factor which might affect the ability of La Crosse County to implement its nonmetallic mining

reclamation program under this chapter.

(m) The amount of fees collected in comparison to the amount of money actually

expended for nonmetallic mining reclamation program administration.

(n) Any other performance criterion necessary to ascertain compliance with Chapter

NR 135, Wisconsin Administrative Code.

27.29 Completed Reclamation - Reporting, Certification and Effect.

(1) Reporting. The operator of a nonmetallic mining site may certify completion of

reclamation for a portion or all of the nonmetallic mining site pursuant to a reclamation plan prepared and approved

pursuant to this chapter and Chapter NR 135, Wisconsin Administrative Code.

(2) Reporting of Interim Reclamation. The operator of a nonmetallic mining site may report

completion of interim reclamation as specified in the reclamation plan for the site prepared and approved pursuant

to this chapter and Chapter NR 135, Wisconsin Administrative Code. Reporting of interim reclamation shall be

done according to the procedures in s. 27.29(1).

(3) Certification of Completed Reclamation. Department of Land Conservation shall inspect

a nonmetallic mining site for which reporting of reclamation or interim reclamation has been submitted pursuant to

this subsection within 60 days of receipt, and make a determination in writing in accordance with s. 27.14(1)(g)3.



If it is determined that interim or final reclamation is complete, including revegetation as specified in a reclamation

plan that conforms with s. 27.13, Zoning and Land Information shall issue the mine operator a written certificate of

completion.

(4) Effect of Completed Reclamation. If reclamation is certified by La Crosse County as

complete under s. 27.29(3) for part or all of a nonmetallic mining site, then:

(a) No fee shall be assessed under s. 27.27 for the area so certified.

(b) The financial assurance required by s. 27.14 shall be released or appropriately

reduced in the case of completion of reclamation for a portion of the mining site.

(5) Effect of Inaction Following Report of Completed Reclamation. If no written response as

required by s. 27.29(3) for an area of the mine site reported as reclaimed is given within 60 days of receiving such

request, the annual fee paid to La Crosse County for it under s. 27.34(3) shall be refunded.

27.30 Permit Termination. When all final reclamation required by a reclamation plan conforming to s.

27.13 and required by this chapter is certified as complete pursuant to ss. 27.14(1)(g) and 27.29(3), Zoning and

Land Information shall issue a written statement to the operator of the nonmetallic mining site, thereby terminating

the reclamation permit.

27.31 Right of Entry and Inspection. For the purpose of ascertaining compliance with the provisions of

Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, or this chapter, any

authorized officer, agent, employee or representative of La Crosse County may inspect any nonmetallic mining site

subject to this chapter as provided below:

(1) No person may refuse entry or access onto a nonmetallic mining site of a duly authorized

officer, employee or agent of La Crosse County or the Wisconsin Department of Natural Resources who presents

appropriate credentials to inspect the site for compliance with the nonmetallic mining reclamation permit, this

chapter, Chapter NR 135, Wisconsin Administrative Code or subchapter I of Chapter 295, Wis. Stats.

(2) Any person who enters the site under this right of inspection shall obtain training and

provide their own safety equipment needed to comply with any federal, state or local laws or regulations controlling

persons on the nonmetallic mining site.

27.32 Orders and Citations.

(1) Enforcement Orders. La Crosse County may issue orders as set forth in s. 295.19(1)(a),

Wis. Stats., to enforce Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code,

this chapter, a permit issued pursuant to this chapter or a reclamation plan required by s. 27.13 and a permit issued

under this chapter. A violation of this chapter, an order or permit issued pursuant to this chapter or a reclamation

plan required by s. 27.13, and a permit issued under this chapter shall be considered a violation of Subchapter I of

Chapter 295, Wis. Stats., and Chapter NR 135, Wisconsin Administrative Code.

(2) Special Orders. La Crosse County may issue a special order as set forth in ss. 295.19(1)(b)

and (c), Wis. Stats., suspending or revoking a nonmetallic mining reclamation permit pursuant to s. 27.24, or

directing an operator to immediately cease an activity regulated under Subchapter I of Chapter 295, Wis. Stats.,

Chapter NR 135, Wisconsin Administrative Code or this chapter until the necessary plan approval is obtained.



(3) Review of Orders. A person holding a reclamation permit who is subject to an order

pursuant this section shall have the right to review the order in a contested case hearing under s. 68.11, Wis. Stats.,

notwithstanding the provisions of ss. 68.001, 68.03(8) and (9), 68.06 and 68.10 (1)(b), Wis. Stats.

(4) Citations. La Crosse County may issue a citation under s. 66.119, Wis. Stats., and s. 25.04,

of the General Code of La Crosse County, to collect forfeitures to enforce Subchapter I of Chapter 295, Wis. Stats.,

Chapter NR 135, Wisconsin Administrative Code, this chapter, a permit issued pursuant to this chapter or a

reclamation plan required by s. 27.13 and a permit issued under this chapter. The issuance of a citation under this

subsection shall not preclude proceeding under any other ordinance or law relating to the same or any other matter.

Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance

of a citation under this subsection.

(5) Enforcement. La Crosse County may submit any order issued under s. 27.32 to abate

violations of this chapter to a district attorney, corporation counsel, municipal attorney or the attorney general for

enforcement. The district attorney, corporation counsel, municipal attorney or the attorney general may enforce

those orders.

27.33 Penalties. Any violation of Subchapter I of Chapter 295, Wis. Stats., Chapter NR 135, Wisconsin

Administrative Code, this chapter, a permit issued pursuant to this chapter or a reclamation plan required by s.

27.13 and a permit issued under this chapter may result in forfeitures as provided in s. 295.19(3), Wis. Stats., as

follows:

(1) Any person who violates Chapter NR 135, Wisconsin Administrative Code or an order

issued under s. 27.32 may be required to forfeit not less than $25 nor more than $1,000 for each violation. Each

day of continued violation is a separate offense. While an order issued under s. 27.32 is suspended, stayed or

enjoined, this penalty does not accrue.

(2) Except for the violations referred to in s. (1), any person who violates subchapter I of

Chapter 295, Wis. Stats., Chapter NR 135, Wisconsin Administrative Code, any reclamation plan approved

pursuant to this chapter or an order issued pursuant to s. 27.32 shall forfeit not less than $10 nor more than $5,000

for each violation. Each day of violation is a separate offense. While an order issued under s. 27.32 is suspended,

stayed or enjoined, this penalty does not accrue.

27.34 Fee Schedules.

(1) Table 1: Wisconsin Department of Natural Resources Annual Fee. To be submitted to La

Crosse County when County Fees are submitted.

Mine Size in Unreclaimed Acres

(Rounded to the Nearest Whole Acre)

Annual Fee

1 to 5 acres (does not include mines less

than 1 acre

$ 35

6 to 10 acres $ 70

11 to 15 acres $ 105

16 to 25 acres $140

26 to 50 acres $160

51 acres or larger $175



(2) Table 2: Annual Fee for Automatically Permitted Local Transportation Project Related

Mines.

Mine Size in Unreclaimed Acres

(Rounded to the Nearest Whole Acre)

Annual Fee

1 to 5 acres (does not include mines less

than 1 acre

$175

6 to 10 acres $350

11 to 15 acres $525

16 to 25 acres $700

26 to 50 acres $810 51 acres or larger $870

(3) Fee Schedule for La Crosse County Annual Fees and Plan Review.

(a) The Annual fee for newly permitted mines and the existing mines annual fees after

January, 2004 is an amount per unreclaimed acre to be determined by the County Board from time to time, which

amount shall equal as closely as possible the County’s cost of administering the program. This does not include

mines less than 1 acre (See Table 1 to determine additional amount to be included for DNR).

(b) Fees for standard reclamation plan review and approval (newly permitted mines

only) is on an hourly rate based on documented time spent reviewing and approving reclamation plans.

(c) The fee for expedited reclamation plan review and approval is an amount to be

determined by the County Board from time to time, which shall equal as closely as possible the County’s additional

cost and time in addressing an expedited review process, plus $100.00 for special public hearing and plus standard

reclamation plan review fee.


Documents

CHAPTER 27 NONMETALLIC MINING RECLAMATION